[4alabama] Clinton/Harkin Bill to Close Worst Nursing Homes

[Judy R. Roy]

Bill calls for disclosure of worst nursing homes

By CLARK KAUFFMAN
REGISTER STAFF WRITER
Sens. Hillary Clinton, D-N.Y., and Tom Harkin, D-Ia., have introduced
legislation that would force a federal agency to make public its list of the
nation's worst nursing homes.

But the agency has said it intends to continue keeping the list from the
public.

The U.S. Centers for Medicare and Medicaid Services has compiled a list of
128 nursing homes that have repeatedly fallen in and out of compliance with
government health and safety regulations and caused harm to their residents.
Those so-called "special-focus facilities" are now subject to more frequent
government inspections.

Two weeks ago, the agency released an abbreviated, public version of the
list that identified only 52 of the facilities. The agency refused to
release the full list of 128 homes, even though it had already provided the
full list to nursing home association lobbyists at the American Health Care
Association.

On Friday, the Centers for Medicare and Medicaid Services acknowledged that
it also gave a copy of the complete list to an industry-funded trade group
that calls itself the Alliance for Quality Nursing Home Care.

Clinton, a Democratic candidate for president, and Sen. Barack Obama of
Illinois, another Democratic presidential candidate, have called on the
government agency to make public the full list of 128 problem facilities. In
addition, Obama and eight other senators, Democrats and independent, signed
a letter reiterating that demand and sent it to Michael Leavitt, secretary
of the U.S. Department of Health and Human Services. In the letter, the
senators said it was "outrageous" that federal officials were sharing more
information with industry lobbyists than with the seniors they are paid to
protect.

Clinton and Harkin introduced the Nursing Home Quality and Transparency Act
in the Senate last week. Clinton said the proposed law would ensure that the
public has access to the names of all nursing homes designated as
special-focus facilities.

"It is absolutely inexcusable that CMS has withheld this information from
seniors and their families who are making critical life decisions about
long-term care," Clinton said in a statement. "Even more disturbing are
press reports that CMS has shared this information with nursing home
industry lobbyists, but not with the public."

She said that because the Centers for Medicare and Medicaid Services has
denied requests for immediate disclosure of the full list, "I believe
Congress must take action. ... This legislation takes an important first
step toward greater transparency in our long-term care system."

The legislation states that the U.S. Department of Health and Human Services
shall disclose within 30 days the names of all nursing homes that appear on
the full list of special-focus facilities.

Mary Kahn, a spokeswoman for the Centers for Medicare and Medicaid Services,
said that as of Friday the agency still intends to withhold from the public
the complete list. But the agency is allowing individual states to make
public the names of the special-focus facilities within their borders.

Kahn also declined a request from The Des Moines Register to speak to the
agency's acting administrator, Kerry Weems, who is paid an annual salary of
$168,000.

"Mr. Weems will not be available for an interview on this subject," Kahn
told the newspaper. "I believe we have been very forthcoming in answering
your questions and don't really have anything else to add."

In an October interview with Modern Healthcare, a trade magazine, Weems said
he is working to create a culture of openness at the agency and to end
"cocktail-hour press releases" - a governmental practice of releasing
information late in the day, sometimes with the goal of minimizing news
coverage.

"I think CMS needs to do its business out in the open," Weems told Modern
Healthcare. "If we've got something to say, we should say it in the day and
have a discussion about it, and not wait until later in the evening or on a
Friday night to be able to put out news. If we have news, we should be proud
of it and we should be part of the public discussion."

Kahn has said the agency's "goal in releasing the list of facilities to the
nursing home trade groups was to challenge them to police themselves, not as
lobbyists, but in their role as technical advisers to their members. We view
these groups as part of the chain of accountability for poor-performing
nursing homes."

However, the American Health Care Association says the federal agency
provided the list only after "much prodding" by the organization.

Reporter Clark Kauffman can be reached at (515) 284-8233 or
ckauffman at dmreg.com


----------------------------------------------------------------------------
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Judy R. Roy
Independent Living Resources of Greater Birmingham
206  13th Street S.
Birmingham, AL  35233-1317
Phone  205.251.2223  ext 102
Email  bhamilc1 at bellsouth.net
There are only four kinds of people in the world: those who have been
caregivers; those who are currently caregivers; those who will be
caregivers; those who will need caregivers. - Rosalynn Carter

-------------- next part --------------
Bill calls for disclosure of worst nursing homes
By CLARK KAUFFMAN
REGISTER STAFF WRITER
Sens. Hillary Clinton, D-N.Y., and Tom Harkin, D-Ia., have introduced legislation that would force a federal agency to make public its list of the nation's worst nursing homes.
But the agency has said it intends to continue keeping the list from the public.
The U.S. Centers for Medicare and Medicaid Services has compiled a list of 128 nursing homes that have repeatedly fallen in and out of compliance with government health and safety regulations and caused harm to their residents. Those so-called "special-focus facilities" are now subject to more frequent government inspections.
Two weeks ago, the agency released an abbreviated, public version of the list that identified only 52 of the facilities. The agency refused to release the full list of 128 homes, even though it had already provided the full list to nursing home association lobbyists at the American Health Care Association.
On Friday, the Centers for Medicare and Medicaid Services acknowledged that it also gave a copy of the complete list to an industry-funded trade group that calls itself the Alliance for Quality Nursing Home Care.
Clinton, a Democratic candidate for president, and Sen. Barack Obama of Illinois, another Democratic presidential candidate, have called on the government agency to make public the full list of 128 problem facilities. In addition, Obama and eight other senators, Democrats and independent, signed a letter reiterating that demand and sent it to Michael Leavitt, secretary of the U.S. Department of Health and Human Services. In the letter, the senators said it was "outrageous" that federal officials were sharing more information with industry lobbyists than with the seniors they are paid to protect.
Clinton and Harkin introduced the Nursing Home Quality and Transparency Act in the Senate last week. Clinton said the proposed law would ensure that the public has access to the names of all nursing homes designated as special-focus facilities.
"It is absolutely inexcusable that CMS has withheld this information from seniors and their families who are making critical life decisions about long-term care," Clinton said in a statement. "Even more disturbing are press reports that CMS has shared this information with nursing home industry lobbyists, but not with the public."
She said that because the Centers for Medicare and Medicaid Services has denied requests for immediate disclosure of the full list, "I believe Congress must take action. ... This legislation takes an important first step toward greater transparency in our long-term care system."
The legislation states that the U.S. Department of Health and Human Services shall disclose within 30 days the names of all nursing homes that appear on the full list of special-focus facilities.
Mary Kahn, a spokeswoman for the Centers for Medicare and Medicaid Services, said that as of Friday the agency still intends to withhold from the public the complete list. But the agency is allowing individual states to make public the names of the special-focus facilities within their borders.
Kahn also declined a request from The Des Moines Register to speak to the agency's acting administrator, Kerry Weems, who is paid an annual salary of $168,000.
"Mr. Weems will not be available for an interview on this subject," Kahn told the newspaper. "I believe we have been very forthcoming in answering your questions and don't really have anything else to add."
In an October interview with Modern Healthcare, a trade magazine, Weems said he is working to create a culture of openness at the agency and to end "cocktail-hour press releases" - a governmental practice of releasing information late in the day, sometimes with the goal of minimizing news coverage.
"I think CMS needs to do its business out in the open," Weems told Modern Healthcare. "If we've got something to say, we should say it in the day and have a discussion about it, and not wait until later in the evening or on a Friday night to be able to put out news. If we have news, we should be proud of it and we should be part of the public discussion."
Kahn has said the agency's "goal in releasing the list of facilities to the nursing home trade groups was to challenge them to police themselves, not as lobbyists, but in their role as technical advisers to their members. We view these groups as part of the chain of accountability for poor-performing nursing homes."
However, the American Health Care Association says the federal agency provided the list only after "much prodding" by the organization.
Reporter Clark Kauffman can be reached at (515) 284-8233 or mailto:ckauffman at dmreg.com ckauffman at dmreg.com
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Judy R. Roy
Independent Living Resources of Greater Birmingham
206  13th Street S.
Birmingham, AL  35233-1317
Phone  205.251.2223  ext 102
Email  bhamilc1 at bellsouth.net
There are only four kinds of people in the world: those who have been caregivers; those who are currently caregivers; those who will be caregivers; those who will need caregivers. - Rosalynn Carter